Quantcast
Home / News (page 1140) /

News

01-1374-CR State v. Norfleet

The State appeals a judgment of acquittal that dismisses, with prejudice, the case against Marc Norfleet. The State argues that the trial court erred when it failed to comply with the State’s request to hold an in camera inspection under ...

Read More »

00-3335 New Hope Services, Inc. v. U.S.

“Because appeals are from that preliminary determination, and New Hope never received one, it had no basis in the regulation for requesting an appeals conference. Furthermore, the notification of its appeals rights set forth in IRS Publication 5 is sent ...

Read More »

01-1121-CR State v. Newton

Joseph Newton appeals a judgment convicting him of second-degree reckless endangerment and fleeing an officer, both as a habitual criminal. Newton also appeals the denial of his postconviction motions. Newton argues that his trial counsel was ineffective for failing to ...

Read More »

98-1803 Fischer v. U.S.

“Although Supreme Court case law issued during the pendency of an appeal may provide inmates and their counsel with a powerful new ground for relief that they may wish they had presented to the district court, an appellate court is ...

Read More »

01-2812-CR State v. Lee

Thomas A. Lee appeals from a judgment entered on a jury verdict convicting him of battery. He claims that the trial court erroneously exercised its discretion in admitting under the excited-utterance exception to the rule against hearsay the victim’s out-of-court ...

Read More »

00-1408 U.S. v. Warda

“[I]t was Warda who asked the district court to vacate his original sentence pursuant to section 2255. He sought that relief on the premise that he had been induced to accept the 1996 addendum to his plea agreement by his ...

Read More »

01-2476-CR State v. McConnell

Gerald C. McConnell appeals from a judgment of conviction for operating a motor vehicle while intoxicated (OWI). McConnell argues that the State’s simultaneous prosecution of him for both OWI and operating a motor vehicle with a prohibited alcohol concentration (PAC), ...

Read More »

01-2422 U.S. v. Yang

“It is the enforcement of the customs laws combined with the mandate of protecting the borders of the United States that permits the extension of the search rights of border authorities to allow non-routine searches in areas near our nation’s ...

Read More »

01-1760-CR State v. Culver

Kurt G. Culver appeals from a judgment of conviction for possession with intent to deliver marijuana (500 grams or less) and an order denying his motion for postconviction relief. Culver argues that he received ineffective assistance of counsel when his ...

Read More »

01-2233-CR State v. Cosby

Jade Lamont Cosby, pro se, appeals from a judgment of conviction, entered after his probation was revoked, for the delivery of a controlled substance-cocaine. He also appeals from an order denying his postconviction motion for resentencing. Cosby claims that: (1) ...

Read More »

01-0751 Hicks v. Nunnery

“Even in cases where the causal link between an attorney’s negligence and a client’s erroneous imprisonment is most obvious (such as where the attorney fails to bring a clearly meritorious motion to suppress evidence that establishes guilt, which the state ...

Read More »

01-2013-CR State v. Booth

Levi Booth appeals from a judgment of conviction entered after a jury found him guilty of one count of first-degree reckless homicide and two counts of first-degree recklessly endangering safety, all as party to the crimes. He also appeals from ...

Read More »

01-2535 Brummett v. Lee Enterprises, Inc.

“[T]o meet his prima facie case, Brummett must demonstrate that he met the Herald’s good-driving requirements at the time of his termination. The Herald requires that all salespeople, regardless of race, have a valid driver’s license and a favorable driving ...

Read More »

01-2201 State v. Coleman

Although the State argues that defendant had forfeited his right to conduct by his uncooperative behavior, we disagree. “[T]here is no suggestion in the record that Coleman discharged his attorney for the purpose of delaying the proceedings. Further, even if ...

Read More »

01-2300-CR State v. Jollie

Jessie L. Jollie appeals from a judgment entered after a jury found him guilty of battery. He also appeals from an order denying his postconviction motion. Jollie argues that the trial court erroneously advised him regarding the substance of the ...

Read More »

01-2528 NLRB v. Clinton Electronics Corp.

“[T]he Board reasonably found that the company’s proffered reason for disciplining Lee – that he violated the no-solicitation policy by the conversation with Walsh on the factory floor – was pretextual. The ALJ noted that Lee could not be disciplined ...

Read More »

01-2332-CR State v. McAdoo

Johnny M. McAdoo appeals from a judgment entered after a jury found him guilty of endangering safety by use of a dangerous weapon, possession of a firearm by a felon, and bail jumping, contrary to Wis. Stat. §§ 941.20(1)(c), 941.29(2) ...

Read More »

01-2691 SEC v. Van Waeyenberghe, et al.

“Arnstein & Lehr contends that the turnover order is final and appealable under sec.1291 as a ‘collateral order’; it does not contend that this order is appealable as an interlocutory injunction under 28 U.S.C. sec.1292 or that any other statute ...

Read More »

01-1898 G-Store Inc. v. Department of Commerce

G-Store, Inc. appeals from an order affirming an administrative decision of the Wisconsin Department of Commerce. The issues concern the Department’s order requiring G-Store to remove underground gasoline tanks on its property and to assess the site for environmental contamination. ...

Read More »

01-2654-CR State v. Smith

Ronald C. Smith appeals from a judgment entered after the trial court found him guilty of one count of exposing his genitals to a child. Smith claims that the evidence was insufficient to sustain the conviction. Because the record contains ...

Read More »

00-3167-CR State v. Hartmann

Michael Hartmann appeals a judgment of conviction and an order denying postconviction relief. The issues are whether the evidence was sufficient to support the conviction and whether the court erred in sentencing him. We affirm. This opinion will not be ...

Read More »

00-3532 U.S. v. Scott

“[W]hat we have is a battle of inferences and, although it is close, we do not believe that the district judge erred by inferring that Scott coerced Jones. First, Scott told Chance what he intended to do in the library; ...

Read More »

01-2281-CR State v. Gruber

We reject William J. Gruber’s request that he be granted a new trial because the jury was not given the opportunity to consider important evidence that bore on an important issue. Gruber’s contention that he was convicted with the use ...

Read More »

99-3459 U.S. v. Thomas

“The transactions between Jones and Thomas that occurred prior to July 26 do not themselves demonstrate the existence of a collaborative relationship between them. We know that (1) in late May, Thomas flagged Jones down as she and the others ...

Read More »

01-0492 Schaefer v. Ulinski, et al.

Ronald A. Schaefer appeals from a judgment dismissing his action against Mark T. Ulinski and Schaefer Motor Sales, Inc., alleging illegal, oppressive and fraudulent corporate acts and the misapplication of corporate opportunities and assets. This case was tried to the ...

Read More »